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October 7, 2016 CapitalPress.com 5 Judge refuses to dismiss USDA organic lawsuit Case centers on change in synthetic substance policy Capital Press A federal judge has re- jected the USDA’s request to dismiss a lawsuit alleging the agency unlawfully changed how synthetic substances are evaluated for organic produc- tion. Last year, a group of 14 organic and environmental organizations iled the lawsuit against USDA, arguing the agency has effectively made it harder to remove synthetics from the list of substances ap- proved for organic farming. The USDA claimed the organizations lacked the legal standing to ile the lawsuit, but U.S. District Judge Hay- wood Gilliam Jr. in San Fran- cisco has disagreed with that argument and is allowing the litigation to proceed. Gilliam ruled that it’s plau- sible the plaintiffs will be harmed by the USDA’s policy change, which they say has al- lowed more than 20 synthetic substances to continue being used in organic agriculture. The dispute centers on USDA’s decision in 2013 to change the ive-year “sunset process” for synthetic sub- stances approved for organic farming. Previously, synthetics were automatically eliminated from the list unless two-thirds of the 15-member Nation- al Organic Standards Board Courtesy USDA The Jamie L. Whitten, Federal Building, U.S. Department of Agriculture in Washington, D.C. A federal judge has rejected the USDA’s request to dismiss a lawsuit alleging the agency un- lawfully changed how synthetic substances are evaluated for organic production. agreed they should stay on it. Under the new policy, such substances automatically re- mained on the list unless two- thirds of the NOSB voted to remove them. Effectively, a synthetic could stay on the list even if a majority of up to nine board members voted to remove it. “This gets at the heart of decision-making at the Na- tional Organic Standards Board,” said Will Fantle, co-founder of the Cornucopia Institute, a nonproit organic industry watchdog. Instead of allowing prod- ucts to “sunset,” as intended by law, the USDA basically keeps them in the “land of the midnight sun,” Fantle said. The plaintiffs say that con- sumers who pay more for or- ganic food are harmed by the policy because they expect these crops to be produced with a minimal amount of synthetic substances. Farmers are also hurt by the change because it undermines the integrity of the organic la- bel, their complaint said. Matthew Weaver/Capital Press Taylor Keeton, program specialist, calculates the falling number for a wheat sample Aug. 9 in the Spo- kane Valley ofice of the Washington State Department of Agriculture. Crop insurance oficials have denied a request to not discount production because of low falling numbers. RMA denies wheat growers falling number assistance WAWG weighs long-term solutions without short-term relief for farmers By MATTHEW WEAVER Capital Press SPOKANE — The USDA Risk Management Agency has denied Northwest wheat farmers’ request for help with low falling numbers. Grain elevators use the Hagberg-Perten falling num- ber test to measure starch damage due to sprouting. A low falling number indicates a high level of alpha amy- lase, an enzyme that degrades starch and diminishes the quality of wheat. Wheat with a falling num- ber below 300 typically is discounted. Rain and tem- perature luctuations are the primary cause of the damage. A low falling number will reduce a farmer’s actual pro- duction history when signing up for crop insurance, even if no insurance claim has been iled for falling number, ac- cording to the Washington As- sociation of Wheat Growers. A farmer’s production his- tory is averaged over 10 years and used to determine future crop insurance guarantees. If actual production is dis- counted to relect a low falling number, the 10-year average will drop and the amount of a crop eligible for insurance coverage will shrink. The industry sent a letter seeking relief from RMA Ad- ministrator Brandon Willis, signed by 36 organizations, with follow-up letters from the Washington State Depart- ment of Agriculture, Idaho State Department of Agricul- ture and from six U.S. sena- tors and six House members. Roughly 25 to 30 percent of the wheat crop in Wash- ington and Idaho is impacted, said Stacey Satterlee, exec- utive director of the Idaho Grain Producers Association. As of Sept. 13, 42 per- cent of soft white wheat samples had a falling num- ber of 300 or lower, as did 43 percent of club wheat, 20 percent of hard red win- ter wheat and 10 percent of hard red wheat, according to WAWG. In Idaho, the impact is primarily felt in Idaho, Nez Perce and Lewis counties, Satterlee said. Some Oregon farmers have been affected, but not to the extent of the other two states, said Oregon Wheat CEO Blake Rowe. “It’s very disappointing, obviously, that we couldn’t help our farmers in this situa- tion that they’re in with record low prices,” said Michelle Hennings, executive director of WAWG. “There’s a part of 41-1/#8 Attention: Seed Industry Members 2016 WSCIA/WNISA 23RD ANNUAL JOINT MEETING Northern Quest Resort & Casino, Airway Heights, WA November 14 & 15, 2016 Breeding programs and research experts will make presentations of interest to everyone. Topics include new varieties of small grains, seed treatments, certification information, and beyond! Registration form available at washingtoncrop.com, or by calling WSCIA at 509-334-0461. Vendor display space still available! Contact Darlene at WSCIA Foundation Seed Service office: 509-335-4365 ROOM RESERVATION: Call Northern Quest Resort & Casino @ 877-871-6772 to make reservations and be sure to mention the WSCIA/WNISA Annual Meeting. You can also make your reservation online at www.northernquest.com. Be sure to click on ‘special promos’ and use the group code #14416 to receive the special rate of $124 + taxes. This guest room block and special group rates can be used on Nov 13 for early arrival and are effective until Oct 14, 2016. Please make reservations directly with the hotel as the travel websites online reservations will not have information regarding our group rate. 41-1/#14 By MATEUSZ PERKOWSKI Synthetic products were also intended to sunset to stimulate the creation of new organic replacements, said Fantle. Beer companies were once allowed to brew with conven- tional hops, but the sunsetting of that input allowed for the growth of the organic hop in- dustry, he said. In 2015, the judge dis- missed the plaintiffs’ orig- inal lawsuit because they only claimed to suffer future injury from the policy and they didn’t identify specif- ic substances affected by the change. In an amended complaint, the plaintiffs said that aque- ous potassium silicate — a fungicide and insecticide — has remained on the list even though less than two-thirds of NOSB voted in favor of keep- ing it. Under the previous poli- cy, the chemical would have been eliminated from the list. The plaintiffs also identiied 20 other synthetics that faced a similar situation. “Speciics have been added to it,” said Fantle. Gilliam’s latest ruling, which allows the revised law- suit to proceed, is the second legal victory won by critics of USDA organic policies this year. In June, U.S. District Judge Jacqueline Scott Corley, also of San Francisco, held that USDA unlawfully allowed plants treated with pesticides to be used in organic compost. Both of these controversial USDA decisions were made under Miles McEvoy, admin- istrator of the agency’s Na- tional Organic Program, who has been criticized by some organic groups for bowing to corporate pressure. A spokesman for USDA said the agency doesn’t com- ment on litigation but said the revised sunset policy “would help protect organic farmers and consumers” and had “in- creased public engagement and transparency.” “USDA strongly supports organic agriculture, and is committed to establishing a level playing ield that pro- tects all organic farms and businesses,” he said in an email. this procedure that’s inconsis- tent throughout the states.” RMA told the farmers the falling number problem is similar to quality problems in commodities such as cotton and corn. “One of the reasonings was, ‘If I do this for you, I’ll have to do it for everyone else,’” Hennings said. “I’m not very optimistic that we’re going to get any short-term relief,” said Fair- ield, Wash., farmer Marci Green, secretary-treasurer of WAWG. Green said her farm hasn’t had falling numbers as low as some, but she still doesn’t know the extent of the cost. “We don’t know how much wheat we have that has falling number issue because it’s in home storage,” Green said. Hennings said WAWG will review the policy with RMA regional director Ben Thiel. It would take a year and a half to two years to change the policy, Hennings said. “This is the time (farmers) need the assistance,” she said. The average break-even price for farmers is $6.80 per bushel, Hennings said. If pric- es are around $4 per bushel now, she said, some farmers with falling numbers could have $2 per bushel wheat. Some new or beginning farm- ers are poised to go out of business as a result, she said. Green said the industry needs to look at how crop in- surance handles falling num- ber issues in the long-term. “What would maybe be more accurate would be hav- ing the adjustment to price, because when we’re having crop insurance, we’re guar- anteeing a yield of this many bushels at this much of a price,” she said. “When we deliver our crop to the eleva- tor ... they don’t say, ‘We’re going to take half of your bushels away.’ They say, ‘You still have the same number of bushels and we’re going to lower the price we’re going to pay you.’” 41-1/#4N
